Cheshire Police is to take no action against Cheshire East Council following complaints about paying care workers who work sleep-in shifts being paid below the minimum wage

The matter was reported to the police following a claim that the council knew in 2014 that it was paying some care workers below the minimum wage.

However Police say they are satisfied no criminal offence has taken place and will not investigate the matter.

A Police spokesman said: "Cheshire Constabulary has thoroughly reviewed an allegation in respect of minimum wage and sleep-in allowance matters at Cheshire East Council.

"Officers have concluded that, based on the information available, no criminal offences have been committed and no further action will be taken."

In September Cheshire East Council announced proposals to backdate pay to staff following a landmark legal ruling on the National Minimum Wage. This ruling applies to rates of pay for workers who are required to work ‘sleep-in shifts’.

This is where an individual is required to be on duty and is considered to be ‘at work’ even if sleeping.

The ruling typically applies to care staff sleeping-in in overnight shifts in care homes or in individuals’ homes as carers.

Those care staff may have been able to sleep through the night, but were available to be woken in the night and provide care as necessary.

Cheshire East said it would backdate pay to affected staff following a ‘landmark legal ruling’ in May this year on the national minimum wage.

Staff members were to receive their pay arrears going back two years in their October salaries.